Dena Bank v. Dr Kirti Chaturbhai Patel And ANR

36-NMS1735-17.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1735 OF 2017 IN SUIT NO. 2729 OF 2007 Dr Kirit Chaturbhai Patel & Anr ...Applicants In the matter between Dena Bank ...Plaintif

Versus

Dr Kirit Chaturbhai Patel & Anr ...Defendants Mr Sumit Raghani, i/b PDS Legal, for the Plaintiff. Navaneetha Krishnan T, for Defendants Nos. 1 & 2. CORAM: G.S. PATEL, J DATED:

17th July 2018 PC:- 1.

The Notice of Motion is by the Defendants inter alia seeking order against the Plaintif and its directors not only in contempt but for recovery of amount of over Rs.50 lakhs with interest. This is on the basis that there has been allegedly a breach by the Plaintif of an order of 22nd October 2007 (AM Khanwilkar J, as he then was), a copy of which is at page 22.

17th July 2018

36-NMS1735-17.DOC 2.

On behalf of the Plaintifs it is pointed out that by a conditional order of 24th October 2016, the suit itself has been dismissed without further reference to the Court. 3.

The Notice of Motion will not lie. Liberty to the Defendants to adopt appropriate proceedings in respect of the claim(s) now made.

4.

The Notice of Motion is disposed of in these terms. No costs. (G. S. PATEL, J) 17th July 2018